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Agenda 01/23/2018 Item #16A 101/23/2018 EXECUTIVE SUMMARY Recommendation to approve the 2018 schedule for the tri-annual Collier County Growth Management Plan (GMP) amendment cycle, to receive applications and supporting documents by 5:00 p.m. on the last Friday in February, June and October, w ith the exemption from the cycle limitations for DRI’s, areas designated Rural Area of Critical Economic Concern (RACEC) and Small-Scale amendments. OBJECTIVE: To have the Board of County Commissioners (Board) approve the 2018 schedule for amending the Collier County Growth Management Plan (GMP) to reflect the changes provided for within Resolution #12-234, adopted by the Board at the November 13, 2012 public hearing. CONSIDERATIONS: As noted, Resolution #12-234 provides for a tri-annual GMP amendment cycle, but the resolution does not contain the specificity of when the tri-annual cycle of GMP amendments are to be initiated. The schedule proposed would require copies of an application to amend the Collier County Growth Management Plan and supporting documentation along with the required filing fee for each requested change and/or amendment to be submitted to the County Manager or his designee per the current adopted fee schedule prior to 5:00 p.m. of the last Friday in February, June and October. It should be noted that due to the fact that the schedule is not embedded within Resolution #12-234, every year the GMP amendment cycle is set by the Board. Staff intends to propose the 2019 GMP amendment schedule in December of 2018 to give the development community, and the general public advanced certainty of the upcoming year’s submittal dates for GMP amendments. Additionally, as noted in the Executive Summary that accompanied Resolution #12-234, staff is recommending the Board maintains the current practice of processing the various types of GMP amendments in relation to the tri-annual cycles. The past practice, following Florida Statutes, exempted GMP amendments for DRI’s, areas designated Rural Area of Critical Economic Concern (RACEC) and Small-Scale amendments. Staff is requesting the Board to maintain the Florida Statues supported exemption from the cycle limitations for the above described GMP amendments. FISCAL IMPACT: The fiscal impact of the proposed schedule has been accounted for within the approved budget for the Zoning Division and the cost of the advertising and staff review of the proposed amendments have been recognized within the fee schedule associated with the petitions. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of the proposed 2018 schedule for GMP amendment applications will satisfy the direction provided for in Resolution 12-234, which allocates a tri-annual cycle for GMP amendments. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for approval. -HFAC RECOMMENDATIONS: Staff recommends approval of the 2018 schedule for the tri-annual GMP amendment cycle, to receive applications and supporting documents by 5:00 p.m. on the last Friday in February, June and October, with the exemption from the cycle limitations for DRI’s, areas designated Rural Area of Critical Economic Concern (RACEC) and Small-Scale amendments. Prepared by: Mike Bosi, AICP, Zoning Director, Zoning Division ATTACHMENT(S) 1. Resolution 2012-234 (PDF) 16.A.1 Packet Pg. 177 01/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 4341 Item Summary: Recommendation to approve the 2018 schedule for the tri-annual Collier County Growth Management Plan (GMP) amendment cycle, to receive applications and supporting documents by 5:00 p.m. on the last Friday in February, June and October, with the exemption from the cycle limitations for DRI’s, areas designated Rural Area of Critical Economic Concern (RACEC) and Small -Scale amendments. Meeting Date: 01/23/2018 Prepared by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 12/05/2017 8:54 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 12/05/2017 8:54 AM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 01/03/2018 11:02 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/03/2018 12:58 PM Growth Management Department James French Deputy Department Head Review Completed 01/03/2018 4:05 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/04/2018 10:28 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/04/2018 11:24 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/04/2018 1:00 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 10:14 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 8:44 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM 16.A.1 Packet Pg. 178 RESOLUTION 12-2 3 4 A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 (Section 163.3161, et seq., Florida Statutes) mandates certain procedures to amend adopted Growth Management Plans (Section 163.3184 and Section 163.3187, Florida Statutes); and WHEREAS, in order to provide adequate notice, it is necessary to set forth the requirements and procedures to be followed by petitioners, the general public and Collier County in processing amendments to the Collier County Growth Management Plan consistent with the requirements of the Florida Statutes. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Subject to prior Board approval, staff will implement three amendment cycles during which applications for amendments to the Collier County Growth Management Plan or one of its elements ("GMP") will be processed. Additional GMP amendment cycles can only be implemented by approval of the Board. Such approval shall be by majority vote. 2. All amendments must strictly conform with the Florida Growth Management Act, including, but not limited to, Section 163.3184, Florida Statutes, for amendments in general, and Section 163.3187, Florida Statutes, for adoption of a small-scale comprehensive plan amendments. 3. An amendment may be proposed by the Board of County Commissioners, the Collier County Planning Commission (CCPC), any department or agency of the County, or any private person, provided, however, that no such person shall propose an 16.A.1.a Packet Pg. 179 Attachment: Resolution 2012-234 (4341 : Growth Managment Plan Amendment Cycle 2018) amendment for a land use designation change for property which he or she does not own, except as an agent or attorney for the owner. 4. All required copies of the application to amend the Collier County Growth Management Plan and supporting documentation along with the required filing fee must be submitted to the County Manager or his designee prior to the deadline established by the Board for each adoption cycle. Following the requisite submission: A. Prior to submittal, a pre-application conference shall occur between the petitioner and appropriate County staff to ensure that the amendment procedure is understood and adhered to. B. Staff shall perform an initial review of the proposed amendment application to determine whether additional information is necessary to enable staff to conduct a formal review and whether other amendments of the Growth Management Plan will be necessary to preserve the internal consistency of the Plan. Within 30 calendar days following the filing deadline, the staff shall notify the petitioner in writing, that: i) staff has determined that the petition is adequate for formal review; or ii) the application is inadequate for formal review and the notice shall set forth in detail the additional information deemed necessary for formal review of the petition. C. If the application is deemed insufficient, the petitioner shall have 30 calendar days from the date of receipt of staffs letter of insufficiency to supplement the application in response to the initial review. A second 30 day time period to respond to the insufficiency may be requested by the petitioner. D. County staff shall review the application and may consult with other County Departments or agencies as it deems necessary to evaluate the proposed amendment and shall prepare a report with a recommendation. E. The Public Hearings schedule and State Agency review time frames will be those as established by Section 163.3184, Florida Statutes, "Process for adoption of comprehensive plan or plan amendment.", or Section 163.3187, Florida Statute, "Process for adoption of small-scale comprehensive plan amendment," as amended from time-to- time. Adoption of an amendment to the Growth Management Plan must be by Ordinance and shall require four affirmative votes of the Board of County Commissioners. 16.A.1.a Packet Pg. 180 Attachment: Resolution 2012-234 (4341 : Growth Managment Plan Amendment Cycle 2018) 5. This Resolution supersedes and repeals Resolution 97-431, as amended by Resolution 98-18, relating to prior Growth Management Plan Amendment procedures. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 13th day of November, 2012. ATTEST: - x, n BOARD OF COUNTY COMMISSIONERS DWIGHT E: tiRO6K., CLERK COLLIER COUNTY, FLORIDA By: 1DAIII//By: LJ C Doput, er FRED W. COYLE, CHAI' A1>usit as to C1 . ilma it t ii . Ap;;ove, to form and legal sufficiency: 1 44 Olt l' Jeffrq • K 7,. ow Coun • ltitorney1 1 16.A.1.a Packet Pg. 181 Attachment: Resolution 2012-234 (4341 : Growth Managment Plan Amendment Cycle 2018)